M K Biju vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.29/2022 of Crime Branch, Thrissur registered for offences under Sections 406, 420, 409, 465, 468 and Section 471 r/w Section 34 of the Indian Penal Code, 1860.

The prosecution case is that, as the Manager of Karuvannoor Service Co-operative Bank, petitioner colluded with other accused and created forged documents and availed loan on the basis of the said forged documents in the name of the defacto complainant and her children and thereafter committed criminal breach of trust.

Petitioner was taken into custody in this case on 06.04.2022.

Sri.Reghu Sreedharan, the learned counsel for the petitioner contended that petitioner is totally innocent and is made a scapegoat for covering up the misdeeds of others. He also submitted that even though 20 cases are registered against the petitioner, in 17 cases, petitioner has been released on statutory bail and even in respect of this case, already 86 days have elapsed.

Sri.C.K.Suresh, the learned Public Prosecutor, on the other hand contended that petitioner is one of the masterminds behind a series of frauds committed and that the gravity of the offence alleged against the petitioner ought not to be lost sight of. It was submitted that the petitioner was taken into custody on 12.08.2021 on another crime and that as the investigation was in progress, more and more crimes were revealed. It was also submitted that releasing the petitioner on bail, at this stage may prejudice the investigation since the investigation has not yet completed.

Taking note of the circumstances including the period of detention in the case and the release of the petitioner on statutory bail in 17 other cases, I am of the view that though the allegations against the petitioner are very serious, continued detention of the petitioner may not

be required. In such circumstances, I am inclined to allow this application for regular bail.

In the result, this application is allowed on the following conditions:-

(i) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(ii) Petitioner shall appear before the Investigating Officer as and when required.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not enter into the jurisdictional limits of the Irinjalakuda Police Station.

(vi) Petitioner shall not leave India without the permission of the Court having jurisdiction and shall surrender his passport before the Investigating Officer.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.